2 Buyer means the person to whom the quote or invoice is addressed;
3 Quote means the quote any quotation issued AAP subject to these terms and conditions;
4 Site means the location at which the works are to be performed;
5 You(r) means the Buyer.
All work is done on a FLAT RATE PRICE basis. The price includes labour, materials and GST. NO BREAKDOWN OF PRICE WILL BE PROVIDED after 30 days of initial consultation.
No deductions shall be made from any payment due to AAP for any reason, including but not limited to liquidated damages, penalties, or back charges assessed by BUYER or third parties. The failure to make any payment within five (5) days of its due date shall be deemed a material breach of the contract. In the event of non-payment,AAP may at its sole discretion, terminate work under this agreement. In the event of such termination for non-payment, AAP shall be entitled to all of its expenses incurred, including labour, and materials, as well as its overheard incurred, and all profits it would have obtained had this Agreement been fully performed. AAP shall also be entitled to any and all other remedies allowed by law.
Any payment on account hereunder shall constitute an acceptance of work performed by AAP for which such payment was made.
All payments are due within seven (7) days of the date of invoice. All overdue amounts will accrue interest of10% per monthand an additional $25.00 per month administration fee.
Total payment for all work performed by AAPis due upon job completion (C.O.D), unless prior-authorised for billing.
All credit cards payments will incur a 3% surcharge fee.
Notice of defective work
Upon completion of the work, BUYER agrees to exercise due diligence in inspecting the work for defective workmanship and materials. BUYER agrees to notify AAP within forty-eight (48) hours of completion of the work of all defective work, if any.
BUYER agrees that upon discovery of any allegedly defective work, BUYER shall immediately call AAP who shall have the first opportunity to repair the alleged defective work. Failure to provideAAP the first opportunity to repair the alleged defective work shall void all warranties, express or implied hereunder and relieves AAPof any liability to BUYER in respect of the allegedly defective work. BUYER agrees and recognises that they shall not withhold any payments for allegedly defective works. AAP is not responsible for reimbursement of work performed by anothercompany or individual.
Services not covered
The description and scope of the work to be performed by AAP is specified in the quote.
AAP will not perform any other work or trade than that which is specified in the quote or later agreed to in writing by BUYER and AAP, including but not limited to carpentry, plastering, electrical work, tiling, landscaping, masonry, flooring, concreting, paving, painting, etc., even if that work is incidental or necessary to the contracted work, or necessary to restore the premises after the contracted work is performed.
Scope of Agreement
These terms and conditions, including the quote, represents the entire agreement between BUYER and AAP, and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written offer by AAP and acceptance by BUYER. This agreement binds jointly and severally all signing as BUYER, their heirs, successors and assigns.
AAP further states and the BUYER accepts that there may be other service providers who may perform the contracted work at a lower price. BUYER understands that he/she has the option of seeking other quotes before entering into this agreement.AAP is under no obligation to alterits price on account of these other quotes.
Recommendation not performed
If AAP has made any recommendation for repair or replacement of any item, or suggested options which, in its opinion, would improve the performance or extend the life of the item or the contracted work, and those options are not chosen by the BUYER, the BUYER shall defend and hold AAP harmless for any loss, claims or damages incurred or alleged to have been incurred by the failure of the BUYER to accept any such option or recommendation.
AAP has the right to cease work if, in its opinion, a severe rodent or pest problem exists on the jobsite. Extermination of rodents or pests of any sort shall be the sole responsibility of the BUYER.AAP is under no obligation to recommence work until, in its opinion, the rodent or pest problem is resolved.
AAP reserves the right to hire subcontractors for any part of the contracted work, any extra work, or additional work agreed to.
No warranty, express or implied, is provided by AAPfor any existing plumbing fixtures, pipes, or systems. The BUYER understands that connections to existing plumbing are sometimes difficult due the state of deterioration of existing pipes and/or the existing pipe location, and the BUYER agrees to pay any additional costs arising from the state of existing pipework, whichis necessary to perform the quoted works.
BUYER hereby acknowledges that aged and deteriorated plumbing fixtures, piping, and appurtenances may no longer be serviceable. In this case, BUYER hereby agrees to hold AAP harmless from and defend AAP against any and all claims of liability for damages to those items or otherwise resulting from conventional repair efforts.
The removal of anyand all rubbish/debris shall be the sole responsibility of the BUYER however.AAP shall leave thejobsite in a neat, broom clean condition. All old parts will be removed from the siteand discarded by AAP unless otherwise specified herein.
Unless otherwise specified herein, the routing of pipes will be left up to AAP’s sole discretion as to their placement.
If AAP must obtain access to other person’s properties in the course of the contracted work, BUYER shall secure permission for such and hold harmless, defend and indemnify, including solicitors fees incurred, AAP and its employees and agents against all actions and consequences arising from or relating to the use of said properties, including but not limited to damage done in the normal course of work, excluding contractor’s.
BUYER shall be responsible for securing, removing and protecting all property and contents, including but not limited to adults, children, animals, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of the contracted work and shall hold harmless, defend and indemnify, including solicitors fees incurred, AAP, its employees and agents against all claims arising out of BUYER’S failure to do so.
BUYER is responsible for supplying water, gas, sewer and electrical utilities as required unless otherwise agreed to in writing. The BUYER agrees to provide AAP unlimited electricity and water within 30 metres of the jobsite prior to commencement of the contracted work.
If the BUYER accepts all of AAP’s recommendations, AAP warrants its workmanship to be free from defects after completion of the contracted works unless otherwise specified in writing for a period of two (2) years for repairs and replacement installations. Should any defects in material or workmanship occur during the period of warranty, AAP will repair or replace (at its sole discretion), at no charge. This warranty does not cover faults caused by misuse, negligence, or damage caused by BUYER or other persons, or acts of God including, but not limited to fire, flood and earthquake.
The warranties for materials supplied by AAP shall be those warranties provided by the manufacturer or supplier of that item, rather than based on AAP’s warranty herein. AAP shall leave such manufacturer’s warranties at their respective locations.
AAP shall not be responsible for the costs of reinstalling fixtures or materials warranted by manufacturers.
All warranties are void if payment is not made when due. Warranties extend only to the BUYER and are not transferable
The BUYER shall telephone AAP within twenty-four(24) hoursof discovery of any warranty claim. AAP will respond with reasonable promptness between the hours of 8.00am to 4.00pm Monday through Friday, excluding AAP holidays. FAILURE OF BUYER TO NOTIFY AAPWITHIN 24 HOURS OF DISCOVERY OF ANY PROBLEMS WITH THE CONTRACTED WORK SHALL VOID THIS WARRANTY.
AAP shall not be liable for water or other damage relating to any defect or delay in responding to said warranty. BUYER must take reasonable steps to mitigate damages, including, if necessary, calling their local fire department to turn off the water and/or pump out standing waters.
AAP shall not be liable for any loss of profits, incidental, special, exemplary, indirect or consequential damages resulting from or in connection to any work performed, or any damage or problem caused, whether or not covered by this limited warranty. BUYER’S right to repair or replacement are BUYER’s exclusive remedies.
The warranties provided for herein shall commence upon the substantial completion of the work, or if the work is done in phases, upon completion of any specific portion of the work, and not upon acceptance or inspection by any person or party. Nothing contained in this provision shall be construed to extend the term of any warranty provided herein.
AAP does not warrant any materials supplied by the BUYER.
There is no warranty on drain cleaning unless AAP expressly states so in the scope of work stated in the quote. This warranty is the only warranty by AAP, and is in lieu of all other warranties, whether express or implied.
Drain cleaning inspection
BUYER shall hold AAP harmless, and shall be solely responsible for any damage or expense incurred to remove, restore, repair or replace its premises and/or any portion thereof, as well as the damaged equipment of AAP, if any tool, drain cleaning cable, water jetting hose, or other equipment of AAP becomes stuck in a drainage line in the prosecution of AAPthe contracted work.
If there is a sewerage spill, including one deemed hazardous, the cost of clean-up is the sole responsibility of the BUYER.
Removal of tree root growth or blockage alone will not ensure that similar problems will not recur and as such carries no guarantee unless otherwise stated herein.
BUYER acknowledges that electronic locating is not always accurate and there are factors involved with this procedure that could very well generate false readings.Therefore, BUYER shall hold AAP harmless from any claim, loss, or damage resulting from this procedure.
BUYER additionally agrees that any line located by AAP will be exposed by manual excavation means only and will be verified of its exact location before any layout or work of any type is performed.
If condition and/or circumstances are encountered at this job site which are (1) concerned physical conditions, or (2) unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained, BUYER agrees to accept responsibility for such conditions and those circumstances outside the control of AAP and further agrees to pay for any labour or materials, including repair to damaged equipment of AAP and other plumbing caused by such conditions and/or circumstances.
Unforeseen excavation: (a) Underground excavation entails the possibility of encountering unexpected subsoil conditions including, but not limited to, rock, clay, shale, sink holes etc. Reasonable efforts will be made by AAP to locate or predict such conditions, but no warranty is expressed or implied as to what will be discovered or encountered during underground excavation.(b) In addition to the rights conferred in clause 16.1, any adverse conditions which arise during excavation will require additional work which will be billed at time and materials above and in addition to the amount shown on the quote. By entering into this agreement, the BUYER agrees to these potential additional charges which may include work by others where necessary in the opinion of AAP.
Unforeseen service lines and cables:(a) Digging entails the possibility of encountering unexpected service lines and cables running through the jobsite. Reasonable efforts will be made by AAP to locate or predict such service lines and cables, but no warranty is expressed or implied as to what will be discovered or encountered during digging. (b) In addition to the rights conferred in clause 15.1, BUYER agrees to accept responsibility for any damage caused by AAP to such service lines or cables and further agrees to pay for any labour or materials required to rectify the damage.
Hot works: Hot works including but not limited to welding and grinding, entail the possibility of setting off fire alarms on the site. Reasonable efforts will be made by AAP to prevent this from occurring, although BUYER takes responsibility for disabling the alarms and/or notifying the relevant fire authorities that hot works are being performed so as to prevent a call-out fees. BUYER is responsible for any call-out fees incurred.
It is the intent of this provision to make BUYER responsible for all: (1) unforeseen and concealed conditions; and (2) for that which AAP cannot control or anticipate. Accordingly; BUYER further agrees to hold AAP harmless and shall indemnify and defend AAP and all its agents and employees from and against all claims, damages, losses and expenses including but not limited to solicitor fees, consequential damages, arising out of or as a result from the performance of AAP’s work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by AAP, except where the damages arises from AAP’s sole negligence.
AAP has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion on the Site the BUYER’s property and has not conducted any investigation in connection herewith, AAP does not perform asbestos or other hazardous material or substance removal and AAP shall have no responsibility whatsoever for any such removal. BUYER expressly releases and shall hold AAP harmless from any liability whatsoever and for all claims arising out if its presence, release, remediation or removal and for any costs, losses or damages BUYER may suffer or sustain if it is found to exist on the BUYER’S property.
BUYER acknowledges, understands and agrees to pay for any and all detriment proximately caused by BUYER’S breach of contract, including but not limited to damages for the delay or acceleration of this contract, office administration fees, court, arbitration and lien filing fees, collection costs, interest, detriment caused by a loss of operating capital, and all losses associated in pursuit of relief from BUYER’S breach of this contract.
If BUYER or AAPconsider a dispute has arisen in relation to any matter covered by this agreement, that party must give the other party written notice of the dispute. If the dispute cannot be resolved with the help of a mutually agreed third party, or if a third party cannot be mutually agreed to, either party may refer the matter to the Fair Trading Tribunal.
Responsibilities of buyer
BUYER represents that, except as described in the quote, all plumbing, drainage, gas fitting, and roofing systems are in good order and condition and agrees to hold AAP harmless for the discovery of defective conditions.
Termination of contract
BUYER may terminate the contract before completion of the work. Any cancellation of a booked job within 24 hours will incur a standard call-out fee, as specified in the quote.
If the BUYER instructs AAP to cease work before work is completed, the BUYER shall immediately pay for all necessary inspections by a relevant authority and all work carried out and materials and equipment used up to the time AAP ceases work, including any work carried out after the BUYER’S instructions are given in order to make the site of the work secure as to health and safety as required by relevant legislation. In the event the BUYER cancels the contract, any deposit paid shall be forfeited as liquidation damages.
Unless otherwise provided for herein, the following are not included in, and not part of this contract, including but not limited to rock or shale excavation, backhoe hire, tree removal, shoring, dewatering, authorities’ fees and charges, or any other work not mentioned in this contract.
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THIS IS A PAYMENT CLAIM UNDER THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 NSW.